Chesapeake couple sues town, insurer over water damage

CHARLESTON – A Kanawha County couple is suing over claims their home sustained water damage due to the negligence of the town of Chesapeake.

William and Angela Harless filed a lawsuit Aug. 1 in Kanawha Circuit Court against the town of Chesapeake and Nationwide Property and Casualty Insurance Company of Columbus, Ohio, citing negligence.

According to the complaint, water escaped the washing machine discharge at the Harless home on MacCorkle Avenue on Aug. 5, 2013, causing water damage. The complaint states it was then discovered that there was blockage in the sewer pipe between the plaintiffs' home and the town of Chesapeake's main sewer line, which caused the previous water damage.

The Harlesses say on Aug. 12, 2013, their insurance claim was denied by Nationwide without the insurance company conducting a reasonable investigation. Chesapeake is accused of negligence, and Nationwide is accused of breach of contract, reasonable expectations, violations of the Unfair Trade Practices Act and common law bad faith.

The plaintiffs are seeking declaration that the Nationwide policy provides coverage for losses they sustained, damages and attorney fees.

They are being represented by attorney Samuel A. Hrko of the Segal Law Firm in Charleston. The case has been assigned to circuit judge James Stucky.

The case number is Kanawha Circuit Court Case 14-C-1397